A Treatise on the Modern Law of Evidence Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...There can be no doubt of the probative value of such evidence." Rogers v. Clark Iron-Co., 104 Minn. 198, 213 (1908). And see, to the same eflect: Minnesota.--Walker v. Barron, 6 Minn. 353, 508, 512, (1861); Mathias t'. O'Neill, 94 Mo. 527, 6 S. W. 253 (1888). Nebraska.--Gate City v. Post, 55 Neb. 742, 76 N. W. 471 (1898). Letters as Com5racts.--Where letters are relied on to establish a contract, the same particularity of proof in regard to essential parts is required as in case of more formal instruments designed for that purpose." The effect of a letter is to be distinguished from its substance. That a witness should be permitted to state the effect of the document would be, in certain cases, to substitute his conclusion for that of the jury in point of law," or fact;--which will not be permitted." 349. ( 1 Right to Prove One's Case); (b) Means of Communication.--The regular and satisfactory means of communication between the witness and the tribunal is that the witness should address the judge or jury in the oral language to which they are accustomed and which they understand. It is usual and best adapted to the attainment of justice that documents should present to the tribunal the mental attitude, the subjective state, 457 SUBSTITUTED Moons on THOUGHT-CONVEYANCE. 350 New Hampshire.--State v. Manchester, 52 N. H. 528, 532 (1873). New York.--Beakes 1: . Da Cunha, 126 N. Y. 293, 2? N. E. 251 (1890); Morrow v. Ostrander, 13 Hun 219 (1878). For example, in connection with proof of the fact of giving notice of the protest of a negotiable instrument and as to the contents of such notice, the business habits of the notary may be proved. 1lla1'ne.--Union Bank v. Stone, 50 Me. 595, 79 Am....show more